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how do I object application for variation

  • anna200
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24 Sep 12 #357567 by anna200
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Hi
i received on saturday notice of hearing on wednesday from application submitted on form D11 to dismiss or vary down spousal maintenance . the hearing time is 10 .30 the same time as i had been given for a hearing for enforcement of arrears. i believe this application was filed in response to the judgement summons, and i would have presumably, had the opportunity to challenge the request for variation then. However i am about to apply to adjourn the hearing (form n244) for the JS hearing as I did not follow the correct procedure for service of notice and evidences and the x solicitor has stated he will charge me costs if i go ahead, so i need to reissue the notice and rectify the situation. i would like to know what the process is now with regards to the variation request and could i include on my request to adjourn the hearing a statement objecting to the variation??? any guidance as always gratefully received ... the hearing is set for wednesday at 10.30 so i need to do something today or first thing tomorrow.


any guidance as always gratefully received. I''m going to seek guidance from the court staff but it would be good to have prepared a statement beforehand if that is required.

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24 Sep 12 #357568 by dukey
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Its standard practice for the other side to apply to vary after you apply to enforce, just don`t worry about it, its also standard to threaten you with costs, its a hollow threat used against those who can`t afford a lawyer to try and frighten them off.

Is it county court of magistrates?, i assume county court.

If he is not paying as ordered then its your right to enforce, though a judgement summons should be a last resort, you are after all asking to have him sent to prison.

What usually happens is they here the case to enforce then the application to vary if they have time.

If you need the money and he wont pay as per the order don`t adjourn, your playing into their hands if you do.

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24 Sep 12 #357571 by anna200
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many thanks

i was only adjourning because i did not follow the rules of notice or file evidence with court and still haven''t so I''m guessing he could claim for misconduct anyhow providing i have a new listing before the end of the month I''m not in a rush. but the adjournment now means his application to vary down is to be heard on wednesday so do i need to file any paperwork or should i just turn up with a statement setting out my objections? (its not straightforward as he is self employed) .
There are plenty of resources for legal issues but i struggle to find out which forms i need to complete and basic court admin

i understand a JS is an extreme measure which positions me a s a super ***** but there was no other appropriate instrument of enforcement . I know for a fact he has hundreds of thousands of pounds ( sadly how I know bars me from presenting it a s evidence) so i don''t think he''ll struggle to find the £90 per week he has so far avoided. he''s also just spent 13k on a ring for the lady friend which is around 3years worth of SM and child support....so i don''t lose sleep over taking this course of action . It will entireley in his control if he is ordered to pay......he would probably go to prison just to score points.... I wouldn''t mind a short spell in prison just for a break although children and dogs would object i think. he he

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24 Sep 12 #357574 by dukey
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Don`t try and be a lawyer, just be you, protocol and procedure with these issues is far from easy to understand, what really mattersis,

He was ordered to pay £x

He isnt!

He did not apply to vary before stopping

Read the terms of the order, what are the triggers, and does it say "further order of court" at the end of the triggers.

What you just wrote is what a judge wants to hear, 13k on a ring but can`t afford £90!, and how many self employed do you think a judge sees who say oh i`m skint living on beans?, lots, its lifestyle versus claimed income, people tell lies, judges know they do.

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24 Sep 12 #357578 by anna200
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it is county court ... could i request the hearing for variation be adjoined until the same day as the JS hearing ..after all i only received notice of this saturday.... or would you just go with the original date in 2 days even though his solicitor has said he will make representation about my non compliance and insufficient notice. if i decide to chance it i assume i will have to file my evidence and get copies to him and solicitor immediately.



Providing i can get both moved to new hearing before the end of the month (arrears become over 12 months on 1st Novemeber ) I don''t mind delaying it as i have also made a without prejudice offer to settle out of court which i would like them to consider and i would much prefer to do .


As for the ring, he''ll probably just deny it and my Absolute evidence may fall foul of self help, but he can''t deny the 6 holidays. i don''t think he wants to disclose and has been forced to make this application because of the JS...but i obviously don''t know and he could be telling the truth all along ...time will tell

the order states payments end on death, remarriage or " further order terminating payments''. which is what is sought ....how does this make a difference?

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